What was Tenancy Tribunal case 5059228 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 5059228?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5059228?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5059228?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11418342-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5059228 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 5059228?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 5059228?

The primary dispute was Rent arrears.

Where can I read the official tribunal order for case 5059228?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11418342-Tribunal_Order_Redacted.pdf.

Unit/Flat 2, 101 Brougham Street, Addington, Christchurch Tenancy Tribunal Case 5059228 — Rent arrears

Reasons

Both parties attended the hearing. The landlord has applied for rent arrears to 30 September 2024 and the costs of advertising after the parties agreed to end a fixed term tenancy. The tenants do not agree to the claim because the landlord made a mistake when the renewal of the fixed term was signed, and they feel moving out was the only option available to them.

The first fixed term started in June 2023. Rent was $450 a week. In February 2024 the landlord sent a notice of rent increase in anticipation of the tenancy continuing. The new rent was $470. The tenants said they did not receive this notice.

In May the landlord offered to renew the fixed term tenancy until June 2025 at a weekly rent of $450. Everyone signed this document.

In August the landlord sent an email to the tenants notifying them of rent arrears because they were not paying $470 a week. The tenants advised they could only pay $450, which is what they agreed to when they signed the renewal. Many emails followed. The tenants have consistently said they could not afford to pay $470 a week. On 14 August the tenants said they would move out in three weeks and hand the keys back, and they expected the landlord would find a tenant by then.

The landlord replied saying they had a fixed term tenancy and the tenants would have to pay rent until the start of the new tenancy and a set fee for advertising costs. It is not clear from the emails that the tenants agreed to this. The tenants moved out on 4 September and returned the keys on 9 September.

I have read the emails and considered the submissions. It seems most likely to me the parties did not reach an agreement to renew the fixed term tenancy. The tenants never agreed to stay for another year paying $470 a week. The landlord did not agree the tenants could stay for a year and pay $450 a week. I note there was a suggestion in August the tenants pay $450 and the landlord apply to the Tribunal for a decision about the rent increase, but this was too uncertain for the tenants, who could not afford to pay the increased rent.

If there was no renewed fixed term tenancy then the tenancy became periodic after 1 June 2024. The tenants were required to give 28 days notice to end a periodic tenancy. If I take their email on 14 August as notice then the last day of the tenancy was 11 September 2024. I note that the period for counting a notice starts the day after the notice was served.

The landlord has provided rent records which prove the amount paid. I have calculated the rent from 7 June 2024 at $450 a week and find the tenants owe 6 days of rent to 11 September.

Both parties have had some success so I have not made an order for the filing fee. I have used my discretion to allow suppression for the tenants because this was a complex matter and there has been no intentional breach by the tenants.

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Tenant name and identifying details.
[The tenant/s] must pay Najib Property Management Limited $385.70 immediately, being rent arrears to 11 September 2024.

Reasons

Both parties attended the hearing. The landlord has applied for rent arrears to 30 September 2024 and the costs of advertising after the parties agreed to end a fixed term tenancy. The tenants do not agree to the claim because the landlord made a mistake when the renewal of the fixed term was signed, and they feel moving out was the only option available to them.
The first fixed term started in June 2023. Rent was $450 a week. In February 2024 the landlord sent a notice of rent increase in anticipation of the tenancy continuing. The new rent was $470. The tenants said they did not receive this notice.
In May the landlord offered to renew the fixed term tenancy until June 2025 at a weekly rent of $450. Everyone signed this document.
In August the landlord sent an email to the tenants notifying them of rent arrears because they were not paying $470 a week. The tenants advised they could only pay $450, which is what they agreed to when they signed the renewal. Many emails followed. The tenants have consistently said they could not afford to pay $470 a week. On 14 August the tenants said they would move out in three weeks and hand the keys back, and they expected the landlord would find a tenant by then.
The landlord replied saying they had a fixed term tenancy and the tenants would have to pay rent until the start of the new tenancy and a set fee for advertising costs. It is not clear from the emails that the tenants agreed to this. The tenants moved out on 4 September and returned the keys on 9 September.
I have read the emails and considered the submissions. It seems most likely to me the parties did not reach an agreement to renew the fixed term tenancy. The tenants never agreed to stay for another year paying $470 a week. The landlord did not agree the tenants could stay for a year and pay $450 a week. I note there was a suggestion in August the tenants pay $450 and the landlord apply to the Tribunal for a decision about the rent increase, but this was too uncertain for the tenants, who could not afford to pay the increased rent.
If there was no renewed fixed term tenancy then the tenancy became periodic after 1 June 2024. The tenants were required to give 28 days notice to end a periodic tenancy. If I take their email on 14 August as notice then the last day of the tenancy was 11 September 2024. I note that the period for counting a notice starts the day after the notice was served.
The landlord has provided rent records which prove the amount paid. I have calculated the rent from 7 June 2024 at $450 a week and find the tenants owe 6 days of rent to 11 September.
Both parties have had some success so I have not made an order for the filing fee. I have used my discretion to allow suppression for the tenants because this was a complex matter and there has been no intentional breach by the tenants.

Tenancy Tribunal case 5059228 — Rent arrears at Unit/Flat 2, 101 Brougham Street, Addington, Christchurch

At a glance

Tenancy Tribunal case 5059228 — Rent arrears at Unit/Flat 2, 101 Brougham Street, Addington, Christchurch

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions